Category: Energy Law

Proposed Changes to Oil & Gas Rules May Put Landowners in Limbo

The Department of Mineral Resources is requesting public input for its proposed changes to state oil and gas rules. The proposed changes will offer guidelines promoting captured carbon dioxide emissions, among other issues. Landowners are concerned that these regulations could cause a problematic delay in reclaiming and plugging old wells, which could lead to environmental … Read More

Northwest Landowners Association WINS Lawsuit against State of ND and Continental Resources, Inc. over Unconstitutional Taking of Private Property

Northwest Landowners Association (NWLA) filed a Complaint in state district court asking the court to declare Senate Bill 2344 an unconstitutional taking of private property. On January 21, 2021,the Northeast Judicial District Court issued its decision in favor of the Landowners, agreeing that it is an unconstitutional taking, and striking the law down in full. … Read More

Finding Middle Ground

Several years ago I spoke at the International Legislators Forum, which is an annual meeting of legislators from Manitoba, Minnesota, and North and South Dakota put on by the Consensus Council.  The forum “provides an opportunity for delegates to share information, understand problems, build relationships, and develop collaborative agreements on a wide variety of issues….” … Read More

Easements, Eminent Domain, and Landowner Rights

Easements are a recurring issue for landowners and I regularly receive calls with a number of common questions.  As oil and gas gathering infrastructure catch up with the boom, landowners in the region will continue to receive requests for easements. If you receive an easement proposal, it is an important preliminary question whether the developer … Read More

Deleted Oil and Gas Division emails resurrected as troublesome issue

After reviewing about 38,700 emails of State Oil and Gas Division employees that were on their way to a permanent cyber dump grounds, a Bismarck attorney is calling for a policy to protect important information for the public. Derrick Braaten said it’s possible the division committed a Class C felony for destroying public records after … Read More

Regulators consider first major pipeline since DAPL

Attorney Derrick Braaten quoted in story about new pipeline: Bismarck attorney Derrick Braaten, who represents about a handful of landowners along the proposed route, also petitioned to intervene in the case. The landowners want to make sure their interests are protected as they negotiate easements, with a focus on proper land reclamation, Braaten said. Regulators … Read More

Federal agency to review past flaring, could order royalties be paid

Attorney Derrick Braaten quoted in recent article regarding natural gas flaring, and legal actions intended to find a remedy for mineral owners. “Braaten said he still plans to pursue actions on behalf of royalty owners for flared gas.” “’Most of this flaring, there’s really no argument that the company owes royalties,’ Braaten said. ‘They’ve just … Read More